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WHAT IS THE PRETRIAL DIVERSION PROGRAM IN DALLAS COUNTY?

The Dallas County Pretrial Diversion Program (PTD) offers a valuable lifeline for first-time offenders in Texas seeking to avoid a criminal record. Tailored for individuals who made a mistake but are committed to making it right, it provides an opportunity to have charges dismissed and expunged from their record. It’s a second chance that helps keep futures intact by focusing on access to treatment rather than punishment, offering support to those ready to turn their lives around.

In addition to helping clear your criminal record, a diversion program can help you learn new life skills, establish healthy, productive habits, and overcome addictions – all of which help avoid criminal behaviors. Diversion programs offer a fresh start, not only by creating the opportunity for expungement but also by equipping you with new tools to succeed.

How Does PTD Work in Texas?

If you’ve been arrested for a non-violent criminal offense, you can be “diverted” out of the criminal courts and into a specified reform program. When you successfully complete a true diversion program in Texas, the underlying case is dismissed, and your case becomes eligible for immediate expungement. It is important to note that diversion is a “predisposition” program. This means that you enter the program while the case is still open (before a plea bargain or trial).

Upon completion of a pre-trial diversion program, your case is dismissed, and you can file for expungement. You gain the freedom to pursue education and employment opportunities without the stigma of a criminal record. If you fail to complete the program, you are placed back into the usual process in the courts.

Who Qualifies for a Diversion Program in Texas and Dallas County?

Pretrial diversion in Texas and Dallas is designed to tackle the root causes of criminal behavior, offering a way to break the cycle and keep individuals out of the criminal justice system for good. Locking up non-violent, low-level offenders is not only costly but often does more harm than good. These individuals don’t need punishment but a chance to change. They need to stop making destructive choices, rebuild their lives, and often fight to overcome addiction.

Qualification for diversion programs in Texas, including the Dallas County Pretrial Diversion Program, depends on several factors:

  • First-Time Offenders: The Dallas County Pretrial Diversion Program is primarily designed for first-time offenders, such as first-time adult drug offenders, who have not been previously convicted of a crime.
  • Non-Violent Offenses: Generally, the program is available to individuals charged with non-violent offenses, such as certain drug possession charges, theft, or other low-level misdemeanors, such as misdemeanor theft.
  • Acceptance of Responsibility: Participants must usually admit guilt or accept responsibility for the offense as part of the agreement to enter the program.
  • Prosecutor’s Discretion: Eligibility is often determined at the discretion of the misdemeanor prosecutor, who will evaluate the specific circumstances of the case, the nature of the offense, and the individual’s background. In The Dallas County Pretrial Diversion Program, the conditions of Pre-Trial Intervention Agreements are determined by the clinical assessment carried out by the Dallas County Criminal Justice Department.
  • Willingness to Comply: Participants must be willing to comply with all program requirements, including the regimen of treatment, which may include counseling and cognitive-behavioral treatment, community service, drug testing, and other rehabilitative efforts.

 

Contact experienced criminal defense lawyers to get more details about whether a person qualifies for the Dallas County Pretrial Diversion Program.

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What Does an Arrested Person Need to Know About Pretrial Diversion in Texas?

Getting arrested can be overwhelming and terrifying, but restorative justice might offer a way forward. If you’re facing charges, understanding the essentials of pretrial diversion in Texas could be the key to reclaiming your life. Here’s what you need to know to make the best decision for your future.

  1. Act quickly. Diversion programs often have a narrow window to apply, sometimes even prior to indictment.

  2. Know the local options. Find out what’s available in your county of arrest. While drug diversion for substance abuse offenders is most common, pretrial diversion expands into other areas of focus as well, such as:

    • young people

    • people diagnosed with mental illness

    • people charged with Driving While Intoxicated.

  3. You won’t get in if you don’t apply. In nearly all instances, you must apply to get into a diversion program. Each county will have its own options for pretrial diversion and eligibility requirements, but programs usually don’t come looking for the participants.

  4. Paperwork must be filed to get the underlying case expunged. Upon completing the diversion program, a case will NOT be taken off a person’s record unless that person (or her attorney) files the correct paperwork for expungement.

  5. Explore financial aid. Many programs have a financial component, but reduced rates or scholarships are often available based on documented need.

Does Pretrial Diversion Show Up on Background Checks in Texas?

Pretrial diversion programs in Texas, including those like the Dallas County Diversion Program, typically result in charges being dismissed if the program is successfully completed. However, whether or not the initial arrest and participation in the program show up on a background check can vary.

Generally, the arrest may still appear on a background check unless the individual takes additional steps, such as seeking an expungement or non-disclosure order. Once granted, these legal actions can seal the record, making it inaccessible to most employers and ensuring that the pretrial diversion does not appear on future background checks.

How a Criminal Defense Attorney Can Help with Pretrial Diversion Programs

A local criminal defense attorney is crucial in guiding you through these steps needed to successfully complete a Dallas County Pretrial Diversion Program or pretrial diversion in other Texas counties. From identifying the right program to determining your eligibility, assisting with the application, and eventually filing for expungement, an experienced lawyer ensures that you stay on the right track.

The M|C Criminal Law team is here to help you navigate this process with ’round-the-clock support and confidence. We believe that every person can and will do better. We believe in second chances and a brighter future. When non-violent offenders are helped to make better choices, provided the tools to succeed, and given the chance to return to productive lives with a clear criminal history, everyone in society wins. 

Change starts with a single step. Reach out to us today, and together, we’ll turn this challenge into an opportunity for lasting change and a future where your past no longer defines you.

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